Title 25 – Public Utilities

Planting or Maintenance of Tree beside or Under Electric, Cable or Telephone Lines

Section 1. Mandate.

(a.) No person shall plant or maintain, or cause the planting or maintaining of any tree beside or under all local electric utility and other distribution lines or cables including telephone cables, television cables, and such other communication lines within the City of General Santos, except, for purposes of beautification or activities in line with the tree-planting program of the government, provided however, that such person(s) shall have obtained the consent of the management of such local electric utility and/or any such communication cables concerned as concurred in by the Barangay Captain of the particular Barangay wherein the same electric utility are situated, the City Agriculturist, and the Office of the City Environment and Natural Resources who shall further prescribe for the species of trees to be planted.

(b.) The Office of the City Environment and Natural Resources and the management of such local electric utility and/or any such communication cables concerned, in coordination with the actual residents of private properties situated within the City, shall be responsible to cause the trimming and maintaining of all trees subsisting inside the same private properties to ensure that no branches or any parts of such trees may reach or touch to any electric utility and other distribution lines or cables including telephone cables, television cables, and such other communication lines. Any concerned resident who shall refuse to abide by this particular provision shall be considered an offender of this Ordinance, thus, be dealt with accordingly.

(c.) Under the supervision of the Office of the City Environment and Natural Resources the management of such local electric utility and/or any such communication cables concerned shall also cause the proper trimming and maintaining of all trees already existing beside or under such local electric utility and other distribution lines or cables including telephone cables, television cables, and such other communication lines in the City to ensure that no person or property shall be injured or damaged by the trees’ existence thereat.

Section 2. Penalty. – Any act or omission done in violation of this Ordinance shall subject the offender to the following penalties:

FIRST OFFENSE – a fine of Two Thousand Pesos (P2,000.00)
SECOND OFFENSE – a fine of Three Thousand Pesos (P3,000.00)
THIRD OFFENSE – a fine of Five Thousand Pesos (P5,000.00)

Section 3. Implementing Rules and Regulations. – Upon the approval of this Ordinance, the Office of the City Mayor shall cause the formulation of the Rules and Regulations implementing this Ordinance. Thereafter, a copy of such Implementing Rules and Regulations together with a copy of this Ordinance shall attach to every statement of monthly bills of all local electric, telephone, cable television, and such other communications company doing business in the City for the information and guidance of all their consumers.

Chapter II

Public Utilities Providers to Maintain the Height of their Distribution Lines and Cables

Section 1. Mandate. – The management/operator of electric, cable television, telephone service providers and other related establishments are hereby required to maintain the height of their distribution lines/wires at 7.5 meters from the crown of the road pavement when these cross the highway and from the top of the shoulder or sidewalk when the same are installed along the side of the highway or street; and 5.5 meters when such wires above grounds or rails cross over public streets, alleys or roads.

Section 2. Sanctions for Non-Compliance. – Any violation of this Ordinance shall subject the offender to a fine of five thousand pesos (P5,000.00) or imprisonment of not exceeding thirty (30) days, or both such fine and imprisonment at the discretion of the court. In case the violator is a juridical person, the owner, president or manager thereof shall be held liable.

Section 3. Administrative Remedy. – Where the violator of this Ordinance does not contest his/her apprehension and elect to pay the fine imposed by this Ordinance, the enforcement officer shall forthwith issue a citation ticket to the person apprehended without resort to the Court. The citation ticket shall state or contain (a) the name, signature, age and address of the person apprehended, (b) the material facts obtaining in the commission or omission of the crime defined and penalized under this Ordinance, (c) the amount of fine which is payable in favor of the City Government of General Santos, and (d) notice requiring the person apprehended for extrajudicial settlement of his/her violation by paying the prescribed fine at the Office of the City Treasurer within ten (10) working days from issuance thereof, otherwise, appropriate complaint shall be filed against him/her with the appropriate government agency such as the City Prosecution Office, for the filing of appropriate charge against him/her with the Court of law.

Chapter III

Illegal Tapping on Cable Lines

Section 1. Title. – This Ordinance shall be known as the “ANTI-CABLE TAPPING ORDINANCE OF THE CITY OF GENERAL SANTOS”.

Section 2. Definition of Terms. – As used in this Ordinance, the following terms shall be understood as follows:

Cable Television System – otherwise known as the Community Antennae Television (CATV), refers to equipment and facilities associated with the reception generation and relay of electronic signals by wire, electromagnetic, fiber optic or other technological means, for the purpose of providing cable television and programs to subscribers and customers within a specific area.

Cable Television Company – refers to an outfit duly organized and authorized to engage in the business of cable television under existing Philippine laws, rules and regulations.

Person – includes any natural or juridical person.

Section 3. Prohibited Acts. – It shall be unlawful for any person to commit the following acts, to wit:

To intercept through tapping, making or causing to be made any connection to existing and duly authorized and franchised cable television facilities or drop cable, feeder and trunk lines;

To knowingly or willfully use or receive any benefit of cable television services derived through the employment of any means whether wire or wireless method mentioned in the immediate preceding paragraph, without express authority from the duly authorized cable television company or its duly authorized agents or representatives;

To knowingly and willfully aid or assist in the perpetration of the acts enumerated in the two preceding paragraphs.

Section 4. Penalties. – Any person who commits any of the unlawful acts enumerated in this Ordinance shall be penalized as follows:

First Offense: Fine of TWO THOUSAND PESOS (P2,000.00).

Second Offense: Fine of Three Thousand Pesos (P3,000.00)

Third Offense: Fine of Five Thousand Pesos (P5,000.00) or imprisonment of one (1) year, or both such fine and imprisonment at the discretion of the Court.

Chapter IV

Excavation and Other Civil Works by Public Utility Companies

Section 1. Definition of Terms. – As used in this Ordinance, the following terms shall be defined as:

Excavation – digging or unearthing in streets, thoroughfares including passageways and sidewalks within the city, for the installation, repair or improvement of water pipes, gas pipes, telephone or telegraph wires or cable conduit, sewer and drainage system and/or pipes, telephone constructions/improvements, communication and power lines undertaken by the government/public or private utility companies;

Restoration – to bring back into use structures damaged or displaced due to excavation, concrete or asphalt pavements, curbs and gutters, and other similar structures.

Section 2. Filing of Application and Issuance of Excavation Permit Affecting National or Local Roads. – Application for permit to undertake diggings and excavations shall be filed with the City Engineer’s Office (CEO) in coordination with the City Planning and Development Office (CPDO).

Section 3. Conditions for Permit. – The permit to undertake excavations/diggings shall be in accordance with the Implementing Rules and Regulations of this Ordinance to ensure public safety and convenience. All such diggings/excavations shall be in accordance with the excavation and installation plans approved by the City Engineer’s Office, the City Planning and Development Office (CPDO) and the Department of Public Works and Highways (DPWH).

Section 4. Exercise of Supervision. – All diggings and excavations shall be under the supervision of the Project Engineer of the Contractor and the duly authorized representative of the public utility company/government agency undertaking the project. However, such diggings and excavations shall be subject to inspection by the City Engineer’s Office and/or Department of Public Works and Highways (DPWH) to ensure compliance with the installation plans and other conditions in the permit.

Section 5. Payment of Fees and Charges. – There shall be assessed and collected the following fees and charges from all applicants whether private or government agencies, the details of which shall be spelled out in the Implementing Rules and Regulations of this Ordinance, except those specifically exempted by law, who shall make or cause to be made any excavation or digging on any street and thoroughfare, including passageway within the City:

Processing Fee

Excavation Permit Fee

Outdoor Cable Lines Installation Permit Fee

Other Equipment and Apparatus

Restoration Fee

Maintenance Deposit

Section 6. Excavation Affecting Adjoining Properties. – Whenever an excavation made will affect an adjoining property, the public utility company concerned shall observe the following standards:

Temporary Support of Adjoining Property. – The public utility company causing any excavation to be made shall provide such sheet piling and bracing as they may be necessary to prevent materials or structures of adjoining property from caving in before permanent support shall have been provided for the sides of an excavation;

Permanent Support of Adjoining Property. – Whenever provisions are not made for the permanent support of the sides of an excavation, the public utility company causing such excavation to be made shall construct an appropriate retaining wall which shall be carried to a height sufficient to retain the soil of adjoining area.

Entrance to Adjoining Premises. – For the purpose of providing temporary support to adjoining premises, the public utility company causing an excavation to be made shall secure the consent of the owner of the adjoining premises to enter and construct the temporary supports. However, if such consent and entrance are not granted, the owner of adjoining premises shall be responsible in providing the necessary support to his/her premises at his/her own expense, and for that purpose, he/she shall be given authority to enter the premises where the excavation is to be made.

Section 7. Excavation affecting Adjoining Structures. – Whenever an excavation is carried to the depth of more than four (4) feet below the curb, the person causing the excavation to be made shall at all times, if granted the consent of the owner of adjoining structures to enter, preserve and protect from damage all existing structures at his/her own expense. If the safety of said structures will be affected by the part of the excavation which extends more than four (4) feet below the curb line, the excavator shall support such structures by the proper foundation.

If the owner’s consent to enter is not granted to the person causing the excavation to be made it shall be the duty of said owner to make and provide the necessary foundations, and when necessary for the purpose, such owner shall be given authority to undertake said excavation within his/her premises.

Section 8. Appropriate Markers and Guards. – The diggings and excavations mentioned in Section 1 hereof shall be provided with appropriate markers and safety devices for the traveling vehicles and pedestrians.

In case of death, injury and/or damage caused by the non-completion of such works and failure of the one undertaking the work to adopt the required precautionary measures for the protection of the general public or violation of any of the terms or conditions of the permit, the permittee/excavatee shall assume all liabilities for such death, injury or damage even if it is due to fortuitous event. For such purpose, the excavator/permittee shall be required to procure insurance coverage to answer for third party liability.

Section 9. Insertion Prohibited. – All excavations and diggings passing through canals and insertion through drainage or sewer pipes are strictly prohibited.

Section 10. Private Roads, Streets, Thoroughfares and Passageways. – The City Engineer’s Office shall have the authority to inspect all diggings or excavations being undertaken on all private roads, streets, thoroughfares, including passageways and sidewalks and to require that the restoration of the excavated area shall meet the standard specification as formulated by the City/Department of Public Works and Highways.

Section 11. Time of Payment. – The fees imposed under this Ordinance shall be paid to the City Treasurer’s Office before the permit to dig or excavate is issued. Such permit is valid only when the official receipt covering payment of the prescribed fees is attached thereto except when the excavator/permittee is exempted from the payment of fees under Sec. 5.

Section 12. Imposition and Determination of Administrative Fines. – The City Engineer’s Office is hereby authorized to carry out and enforce the administrative sanctions within its area of jurisdiction not exceeding Five Thousand Pesos (P5,000.00) in the following cases, subject to the following type of violation and the corresponding schedule of fines as herein provided:

c.) Failure to remove debris/waste materials on the sidewalk and thoroughfares after the completion of work

P1,000.00/day

P2,500.00/day

P5,000.00/day

d.) Failure to remove obstruction of stump or butt within 24 hours upon notice

P1,000.00/day

P2,500.00/day

P5,000.00/day

e.) Failure to correct existing leaning poles utility and guy poles (grounding cables, guy anchor) to its plumb line within 30 days upon notice

P1,000.00/day

P2,500.00/day

P5,000.00/day

f.) Failure to correct primary, secondary neutral and service line according to the minimum vertical clearance from top of the shoulder or side-walk when installed along the side of the highway or street in highly urbanized areas within 30 days upon notice

P1,000.00/day

P2,500.00/day

P5,000.00/day

g.) Failure to remove abandoned/ unserviceable lines and cables and or any of its portion no longer necessary to provide service within 30 days upon notice

P1,000.00/day

P2,500.00/day

P5,000.00/day

h.) Failure to remove antennas, signs, streamers and the like which are attached to the power communication poles, lines service drops and other equipment w/in 30 days upon notice

P1,000.00/day

P2,500.00/day

P5,000.00/day

i.) Failure to remove unsuitable materials within the area of excavation including below subgrade level

P1,000.00/day

P2,500.00/day

P5,000.00/day

j.) Failure to dispose all surplus material to the designated waste disposal area

b.) Non-compliance with the work stoppage order for excavating without excavation permit

P2,500.00/day

P5,000.00/day

P5,000.00/day

c.) Non-compliance with the work stoppage order for failure to comply with any of the condition set forth in the permit

P2,500.00/day

P5,000.00/day

P5,000.00/day

d.) Failure to restore the pavement to its original condition

P2,500.00/day

P5,000.00/day

P5,000.00/day

e.) Failure to remove construction barracks/quarter after completion of the work

P2,500.00/day

P5,000.00/day

P5,000.00/day

The above fines shall be imposed as follows:

Minimum fine – for failure to comply with the terms of the first notice.

Medium fine – for failure to comply with the terms of the second notice.

Maximum fine – for failure to comply with the terms of the third notice.

Section 13. Suspension of Works. – Temporary work stoppage shall be recommended by the City Engineer’s Office due to the construction deficiencies or infraction of the construction guidelines.

Section 14. Revocation of Permit. – Permits issued under this Ordinance maybe revoked or cancelled in cases of emergency, when public interest so demands, or for non-compliance of any of the conditions of the permit.

Section 15. Penalties. – Any person, association, firm or corporation violating any of the provisions of this Ordinance or its implementing guidelines shall, upon conviction, be punished by a fine of not less than Three Hundred Pesos (P300.00) nor more than Five Thousand Pesos (P5,000.00) and imprisonment of thirty (30) days but not more than one (1) year, or both such fine and imprisonment upon the discretion of the court. In the case of a corporation, partnership or association, the president, manager or the person-in-charge of the project shall be liable therefor.

Section 16. Task Force to Formulate Implementing Rules and Regulations. – There shall be a task force created by the Office of the City Mayor after the approval of this Ordinance to formulate the necessary Implementing Rules and Regulations.